Req. No. 1738 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR SENATE BILL 871 By: Reinhardt COMMITTEE SUBSTITUTE An Act relating to crimes and punishment; amending 21 O.S. 2021, Section 13.1, as amended by Section 1 , Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024, Section 13.1), which relates to required service of minimum percentage of sentence; modifying statutory references to certain criminal offenses; modifying name of certain unlawful act; adding certain crim inal offense; amending 21 O.S. 2021, Section 540A, which relates to eluding peace officers; modifying certai n penalty provisions; updating statutory language; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 13.1, as amended by Section 1, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024, Section 13.1), is amended to read as follows: Section 13.1. Persons convicted of: 1. First degree murder as defined provided for in Section 701.7 of this title; 2. Second degree murder as defined by provided for in Section 701.8 of this title; Req. No. 1738 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Manslaughter in the first degree as defined by provided for in Section 711 of this title; 4. Poisoning with intent to kill as defined by provided for in Section 651 of this title; 5. Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other mea ns likely to produce death or great bodily harm, as provided for in Section 652 of this title; 6. Assault with intent to kill as provided for in Section 653 of this title; 7. Conjoint robbery as defined by provided for in Section 800 of this title; 8. Robbery with a dangerous weapon as defined provided for in Section 801 of this title; 9. First degree robbery as defined provided for in Section 797 of this title; 10. First degree rape as provided for in Section 1111 , or 1114 or 1115 of this title; 11. First degree arson as defined provided for in Section 1401 of this title; 12. First degree burglary as prov ided for in Section 1436 1431 of this title; Req. No. 1738 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13. Bombing as defined provided for in Section 1767.1 of this title; 14. Any crime against a child as provided for in Section 843.5 of this title; 15. Forcible sodomy as defined provided for in Section 888 of this title; 16. Child pornography sexual abuse material or aggravated child pornography sexual abuse material as defined provided for in Section 1021.2, 1021.3, 1024.1, 1024.2 , or 1040.12a of this title; 17. Child sex trafficking as defined in Section 1 030 of this title; 18. Lewd molestation of a child as defined provided for in Section 1123 of this title; 19. Abuse of a vulnerable adult as defined i n Section 10-103 of Title 43A of the Oklahoma Statutes; 20. Aggravated trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; 21. Aggravated assault and battery as provided for in Section 646 of this title upon any person defending another person from assault and battery; or 22. Human trafficking as provided for defined in Section 748 of this title; or Req. No. 1738 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. Causing an accident , while eluding or attempting to elude an officer, that results in great bodily injury to any other person as provided for in Section 540A of this title , shall be required to serve not less than eighty -five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parol e. Persons convicted of these offenses shall not be eligible for earned credits or any other type of credit s which have the effect of reducing the length of the sentence to less than eighty -five percent (85%) of the sentence imposed. SECTION 2. AMENDATORY 21 O.S. 2021, Section 540A, is amended to read as follows: Section 540A. A. Any operator of a motor vehicle who has received a visual and audible signal, a red light , and a siren from a peace officer driving a motor vehicle sho wing the same to be an official police, sheriff, highway patrol , or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peac e officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for th e assistance of other peace officers from any office, department , or agency. Any peace officer within Req. No. 1738 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall, upon conviction, constitute a misdemeanor and shall be punishable by not more than one (1) year of imprisonment in the county jail or, by a fine of not less than One Hundred Dollars ($100.00) nor more t han Two Thousand Dollars ($2,000.00) , or by both such fine and imprisonment. A second or subsequent vio lation of this subsection shall be punishable by not more than one (1) year of imprisonment in the county jail or, by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall , upon conviction, be deemed guilty of a felony punishable by imprisonment in the State Penitentiary custody of the Departme nt of Corrections for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. C. 1. Any person who causes an accident, while eluding or attempting to elude an officer, resulting in great bodily injury to any other person while driving or operat ing a motor vehicle within this state and who is in violation of the provisions of subsection A Req. No. 1738 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of this section may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subs ection shall be deemed guilty of a felony punishable by imprisonment in a state correctional institution the custody of the Department of Corrections for not less than one (1) year and not five (5) years nor more than five (5) seven (7) years, and a fine of not more than Five Thousand Dollars ($5,000.00). 2. As used in this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. SECTION 3. This act shall become effective November 1, 2025. 60-1-1738 CN 2/20/2025 10:30:54 AM